Hilton H. Hackley - Page 8




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          rights.  United States v. Natl. Bank of Commerce, 472 U.S. 713,             
          722 (1985); Blanche v. Commissioner, T.C. Memo. 2001-63.                    
          Therefore, whatever rights or interests, if any, petitioner held            
          in the LA property during the years in issue must be determined             
          by applying applicable California law.  It is presumed under                
          California law that the owner of legal title is the owner of the            
          full beneficial title.  Cal. Evid. Code sec. 662 (2001). This               
          presumption may be rebutted only by clear and convincing proof.             
          Id.                                                                         
               In Uslu v. Commissioner, T.C. Memo. 1997-551, the taxpayers,           
          Mr. and Mrs. Uslu, made mortgage payments on a residence for                
          which legal title was held by Mr. Uslu’s brother and sister-in-             
          law.  We found in Uslu that the taxpayers “exclusively held the             
          benefits and burdens of ownership”, and, therefore, were the                
          equitable and beneficial owners of the residence.  However, in              
          Song v. Commissioner, supra, where legal title was held by the              
          taxpayer’s brother, we found that the taxpayer failed to prove              
          that she had any equitable or beneficial ownership in the                   
          residence.                                                                  
               An important distinction between Uslu and Song was the                 
          completeness of the record and the credibility of the legal title           
          holder of the residence: Mr. Uslu’s brother and sister-in-law in            
          Uslu, and the taxpayer’s brother in Song.                                   
               In the instant case, the record establishes that during the            






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